IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100019065 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge.

2.  The applicant states he shot at the enemy with mortar fire nearly every night and the enemy shot at him with mortar and sniper fire.  He states others were awarded the Combat Infantryman Badge, but not him.  He states he served with Troop L, 3rd Squadron, 11th Armored Cavalry, from January 1971 to February 1971.  He engaged in contact missions with the enemy on 5, 11, and 27 January 1971 and missions continued on 1 and 3 February 1971.

3.  The applicant provides the following documentary evidence in support of his application:

	a.  a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an ending date of 21 January 1972,

	b.  a DA Form 2408-4 (Weapons Record Data),

	c.  a newspaper clipping from The Army Reporter for the 11th Armored Cavalry Regiment, and

	d.  a personal letter to the Board.



CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 2 June 1970.  He completed his initial entry training and he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 27 October 1970 to 22 October 1971 with the following units:

* Troop L, 3rd Squadron, 11th Armored Cavalry Regiment
* 71st Ordnance Company
* Company E, 14th Infantry 

4.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  His military personnel records do not show any time lost, or record of nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) or any records of conviction by court-martial.  There is also no record of a commander's disqualification for award of the Army Good Conduct Medal. 

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Combat Infantryman Badge and his personnel service record does not contain orders awarding him this badge.

6.  On 21 January 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 12c (Foreign and/or Sea Service) of his DD Form 214 shows 11 months and 26 days of foreign service in the U.S. Army Pacific.
7.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  In support of his application, he provided a weapons record card that shows between 1 January 1971 and 6 February 1971 he fired approximately 4,800 rounds (illumination and high explosive (HE) rounds) from an 81mm mortar.  The card's remarks section shows there was contact on six different dates with 12 HE rounds fired on 3 February 1971.  In addition, he provides a newspaper clipping and map that states:

On Feb. 3 in Bien Hoa Province of Military Region 3, an element of the 11th Armored Cavalry Regiment, eight miles northwest of Bien Hoa City, received an enemy attack by fire employing less than 10 rounds of 75mm recoilless rifle fire.  Friendly forces reacted with mortar fire.  Enemy casualties are unknown.  There was one U.S. Soldier killed and seven were wounded in the incident.

9.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	b.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded to individuals who have completed a qualified 
period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  

	c.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
* Consolidation I (1 July 1971-30 November 1971)

	d.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Combat Infantryman Badge for his service in the Republic of Vietnam as an 81mm mortar crewman in MOS 11C.

2.  Based on the evidence of record, a reasonable presumption can be made to support awarding the applicant the Combat Infantryman Badge.  The applicant was an infantryman serving in MOS 11C, he was assigned to an infantry unit, and he provided a weapons data card that shows he fired HE rounds during an enemy attack on 3 February 1971.  As additional evidence, he provided a newspaper clipping that states elements of his unit were attacked with mortar fire on 3 February 1971.  Therefore, based on the evidence he provided to the Board, the applicant should be awarded the Combat Infantryman Badge and his discharge document should be corrected to show this award.

3.  Based on the applicant's “excellent” conduct and efficiency ratings and the absence of evidence showing disqualification, he completed a qualifying period of service from 2 June 1970 to 21 January 1972 for award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st award) and correction of his DD Form 214 to show this award.

4.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  General orders announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for all members of U.S. Army Vietnam and its subordinate units.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

BOARD VOTE:

_____X___  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period    2 June 1970 through 21 January 1972 and the Combat Infantryman Badge, 

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal, and

	c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation




      ____________X_____________
                 CHAIRPERSON

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20100019065



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ABCMR Record of Proceedings (cont)                                         AR20100019065



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